Cervical interspinous process distraction implant and method of implantation

Abstract

An implant for positioning between the spinous processes of cervical vertebrae include first and second wings for lateral positioning and a spacer located between the adjacent spinous processes. The implant can be positioned using minimally invasive procedures without modifying the bone or severing ligaments. The implant is shaped in accordance with the anatomy of the spine.

Description

CLAIM OF PRIORITY

[0001] This application claims priority to U.S. Provisional Application No. 60/472,817, filed May 22, 2003, entitletd "Cervical Interspinous Process Distraction Implant and Method of Implantation" (Attorney Docket No. KLYC-01087US0).

FIELD OF THE INVENTION

[0002] This invention relates to a cervical interspinous process implant.

BACKGROUND OF THE INVENTION

[0003] The spinal column is a bio-mechanical structure composed primarily of ligaments, muscles, vertebrae and intervertebral disks. The bio-mechanical functions of the spine include: (1) support of the body, which involves the transfer of the weight and the bending movements of the head, trunk and arms to the pelvis and legs, (2) complex physiological motion between these parts, and (3) protection of the spinal cord and the nerve roots.

[0004] As the present society ages, it is anticipated that there will be an increase in adverse spinal conditions which are characteristic of older people. By way of example only, with aging comes an increase in spinal stenosis (including, but not limited to, central canal and lateral stenosis), and facet arthropathy. Spinal stenosis results in a reduction foraminal area (i.e., the available space for the passage of nerves and blood vessels) which compresses the cervical nerve roots and causes radicular pain. Humpreys, S. C. et al., Flexion and traction effect on C5-C6foraminal space, Arch. Phys. Med. Rehabil., vol. 79 at 1105 (September 1998). Another symptom of spinal stenosis is myelopathy, which results in neck pain and muscle weakness. Id. Extension and ipsilateral rotation of the neck further reduces the foraminal area and contributes to pain, nerve root compression and neural injury. Id.; Yoo, J. U. et al., Effect ofcervical spine motion on the neuroforaminal dimensions of human cervical spine, Spine, vol. 17 at 1131 (Nov. 10, 1992). In contrast, neck flexion increases the foraminal area. Humpreys, S. C. et al., at 1105.

[0005] Pain associated with stenosis can be relieved by medication and/or surgery. It is desirable to eliminate the need for major surgery for all individuals, and in particular, for the elderly.

[0006] Accordingly, a need exists to develop spine implants that alleviate pain caused by spinal stenosis and other such conditions caused by damage to, or degeneration of, the cervical spine. Such implants would distract, or increase the space between, the vertebrae to increase the foraminal area and reduce pressure on the nerves and blood vessels of the cervical spine.

[0007] A further need exists for development of a minimally invasive surgical implantation method for cervical spine implants that preserves the physiology of the spine.

[0008] Further, a need exists for an implant that accommodates the distinct anatomical structures of the spine, minimizes further trauma to the spine, and obviates the need for invasive methods of surgical implantation. Addifionally, a need exists to address adverse spinal conditions that are exacerbated by spinal extension.

BRIEF DESCRIPTION OF THE DRAWINGS

[0009] FIGS. 1 and 2. FIG. 1 provides a perspective view of an embodiment of an implant of the present invention having a spacer, a distraction guide, and a wing with a cross-sectional elliptical shape. The spacer has a teardrop shape in cross-section perpendicular to its longitudinal axis. FIG. 2 is an end view of the embodiment of the invention in FIG. 1.

[0010] FIGS. 3 and 4. FIG. 3 is a perspective view of another embodiment of the invention having awing that is teardrop-shaped in cross-section substantially perpendicular to the longitudinal axis of the spacer. FIG. 4 is an end view of a second wing for the embodiment of the invention of FIG. 3.

[0011] FIGS. 5, 6, and 7. FIG. 5 is a perspective view of an embodiment of the invention having a rotatable spacer and a wing that is elliptical in cross-section. FIG. 6 is a perspective view of an embodiment of the invention having a rotatable spacer with two wings that are teardrop-shaped in cross-section. The second wing becomes connected with the spacer after the distraction guide, spacer, and wing are positioned in the cervical spine during surgery. FIG. 7 depicts the axis of rotation as seen from an end view of the embodiment of the invention of FIG. 6.

[0012] FIGS. 8, 9A, and 9B. FIG. 8 is a perspective view of an embodiment of the invention with a wing that is truncated at its posterior end. FIG. 9A is an end view of an embodiment of the invention with a wing truncated at its posterior end, with a rotatable spacer. FIG. 9B is a truncated second wing for the two-winged version of the embodiment of the invention of FIG. 9A.

[0013] FIGS. 10, 11 and 12. FIG. 10 is a plan view of an embodiment of the invention where a screw is used to secure a second wing to the spacer. FIG. 11 shows a perspective view of the second wing of this embodiment of the invention. FIG. 12 shows a perspective view of this embodiment of the invention.

[0014] FIGS. 13A, 13B, 14A and 14B. FIG. 13A is a side view of an embodiment of a second wing of the invention, depicting a flexible hinge mechanism for securing the second wing to the implant during surgery. FIG. 13B is a side-sectional view of the second wing of FIG. 13A through line 13B-13B. FIG. 14A is a plan view of the first wing, spacer, and distraction guide depicting the indentation in the spacer that fits with the hinge of the second wing of the embodiment of FIGS. 13A and 13B. FIG. 14B is a front view of the second wing with flexible hinge of the embodiment of FIGS. 13A and 13B.

[0015] FIGS. 15A, 15B, and 16. FIG. 15A is a top view of the an embodiment of the invention of FIG. 3, positioned between the spinous processes of adjacent cervical vertebrae, which embodiment has wings with anterior ends directed away from the center of the spacer, and truncated posterior ends. FIG. 15B is a top view of the implant of FIG. 15A. FIG. 16 is a top view of two such implants of the invention as seen in FIG. 15, positioned in the cervical spine.

[0016] FIG. 17 is a side view of two implants of the invention positioned in the cervical spine, with stops or keeps at the distal ends of the spinous processes.

[0017] FIG. 18 depicts a method of the invention for surgically implanting an embodiment of the implant of the invention adjacent to cervical spinous processes of a patient.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS OF THE INVENTION

[0018] The embodiment of the invention includes a cervical spine implant for alleviating discomfort associated with the cervical spine without damage to the bones or other anatomical structures associated with the spine. The embodiment also encompasses a method for minimally invasive surgical implantation.

[0019] An embodiment of cervical spine implant of the invention taught herein is adapted specifically to accommodate the anatomy of the cervical spine and to distract the vertebrae to increase the foraminal area and relieve pressure on the nerve roots. This embodiment of the implant is shaped with smooth, broad sides so that, when it is positioned during surgical implantation between the spinous processes of adjacent cervical vertebrae, the implant distributes the forces acting on it from the bones of the cervical spine. Thus positioned, the implant distracts the cervical spine to alleviate the pressure and restrictions on blood vessels and nerves affected by stenosis and other spinal conditions.

[0020] The embodiment of the invention further discloses a method for minimally invasive surgical implantation. The method for implantation taught herein accommodates structures associated with the cervical spine, and minimizes the need for invasive surgery. As only one example, it is of obvious importance to avoid surgical injury to the ligamentum nuchae (supraspinous ligament)in the dorsal neck, a structure which cushions the spinous processes of the upper cervical vertebrae.

[0021] While the cervical spine implant and method for relieving pain address the needs of the elderly for reliefofsymptoms of stenosis and the like, the embodiment of the invention also can be used with individuals of all ages and sizes where distraction of the spinous processes would be beneficial.

[0022] The implant is characterized in one embodiment as including a distraction guide, a spacer, and a wing. The distraction guide extends from one end of the spacer and is shaped so that it can distract the spinous processes of adjacent cervical vertebrae so that the spacer then can be urged into place between the spinous processes. A single lateral retaining unit called a wing prevents lateral displacement and rejection of the implant. The wing either extends from or is attached to the spacer.

[0023] In another embodiment of the invention, the implant includes a first unit having a spacer with a distraction guide and a first wing. The embodiment further includes a second wing which fits over the distraction guide to connect with the spacer, and a means for securing the second wing to the spacer. The two wings prevent lateral displacement and rejection of the implant.

[0024] In a further embodiment of the present invention, the implant includes a spacer that is rotatable relative to the wing of the implant. The spacer, which is tear-dropped shaped in cross-section, is received over the shaft of the implant and can rotate thereon about the shaft. It is to be understood that the spacer need not be teardrop-shaped in cross-section; rather, other forms are possible, including but not limited to cylindrical, ovoid, elliptical, and the like.

[0025] It is to be understood that the cortical bone of the spinous processes is stronger at an anterior position, near the vertebral bodies of the vertebra, than at a posterior position distally located from the vertebral bodies. The advantage to using a rotatable spacer is that the rotation allows the surgeon more easily to position the implant anteriorly between spinous processes of adjacent cervical vertebrae.

[0026] An additional feature of the implant is its flat surfaces for load bearing. The flat surfaces in contact with the bone distribute the forces that bear on the bones and the implant because of the distraction.

[0027] As maybe required for securing the lateral position of the implant between the spinous processes, a second wing can be connected with the spacer on the end of the spacer that joins with the distraction guide. To connect the second wing, the second wing passes over the distraction guide and is received by the spacer. A fastener is used to secure the second wing to the spacer.

[0028] In yet another embodiment of the implant, the wing or wings have truncated posterior ends to avoid or minimize interaction of the implants and interference with neck rotation. For example, an implant with extended posterior wings, positioned between cervical vertebrae five and six, and a similar implant, placed between cervical vertebrae six and seven, might interfere with each other at the posterior ends of the wings during cervical rotation, depending on the dimensions of a particular patient's vertebrae and surrounding structures. Truncating the posterior ends of the wings can avoid the undesirable consequences of two implants' interaction.

[0029] In a further embodiment of the present invention, the anterior portions of the first and second wings flare outward at an angle from the spacer and away from the anterior ends of each other, in order to accommodate the wedge shape of spinous processes of the certain cervical vertebrae of the cervical spine.

[0030] In another embodiment, stops or keeps are placed around the posterior ends of the spinous processes of adjacent cervical vertebrae between which the implant of any of the above described embodiments is positioned. The keeps prevent backward displacement of the implant. The keeps can be made ofa biocompatible, flexible polymer. Addifionally, the keeps can be made of stainless steel, titanium, or a shape memory material such as Nitinol.

[0031] It is to be understood that the distraction guide, spacer, and wings can be of various shapes. For example, the distraction guide can be wedge-shaped or any other shape that introduces distraction between spinous processes of adjacent cervical vertebrae. The spacers, too, can have alternative shapes, defined by their cross sections as teardrop, elliptical, ovoid, etc., which would provide smooth edges and a flat and smooth contact surface area between the spinous processes and the spacer to distribute the forces placed thereon by the bone. The wings also might be teardrop-shaped, elliptical, ovoid, etc., in cross-section, or any other shape that provides smooth flat surfaces and rounded edges.

[0032] In yet another aspect of the invention, a method is presented for relieving pain due to the development of, by way of example only, stenosis and facet arthropathy of the cervical spine. The method is comprised of the steps of accessing the spinous processes of adjacent cervical vertebrae and implanting a cervical spinal distraction device in order to achieve the desired distraction and to maintain that distraction.

[0033] One aspect of the method taught is the use of a guide wire through the neck to guide the positioning of the implant while monitoring the implantation via x-ray.

[0034] Other aspects, objects, features and elements of embodiments of the invention are described or evident from the accompanying specification, claims and figures.

[0035] The following description is presented to enable any person skilled in the art to make and use the invention. Various modifications to the embodiments described will be readily apparent to those skilled in the art, and the principles defined herein can be applied to other embodiments and applications without departing from the spirit and scope of the present invention as defined by the appended claims. Thus, the present invention is not intended to be limited to the embodiments shown, but is to be accorded the widest scope consistent with the principles and features disclosed herein. To the extent necessary to achieve a complete understanding of the invention disclosed, the specification and drawings of all patents and patent applications cited in this application are incorporated herein by reference.

[0036] An embodiment of an implant 100 of the invention is depicted in FIGS. 1 and 2. This implant 100 includes a wing 130, a spacer 120, and a lead-in tissue expander, or a distraction guide 110. The distraction guide 110 in this particular embodiment is wedge-shaped, i.e., has an expanding cross-section from the end distal 140 to the region 150 where the guide 110 joins with the spacer 120. As such, the distraction guide functions to initiate distraction of the soft tissue and the spinous processes when the implant 100 is surgically inserted between the spinous processes. It is to be understood that the distraction guide can be pointed and the like, in order to facilitate insertion of the implant between the spinous processes of adjacent cervical vertebrae. It is advantageous that the insertion technique disturb as little of the bone and surrounding tissue or ligaments as possible in order to (1) reduce trauma to the site and promote early healing; and (2) prevent destabilization of the normal anatomy. It is to be noted that with the present embodiment, and all of the embodiments herein, there is no requirement to remove any of the bone of the spinous processes and no requirement to remove or sever ligaments and tissues immediately associated with the spinous processes. Specifically, it is unnecessary to remove or sever the ligamentum nuchae, (supraspinous ligament) which partially cushions the spinous processes of the upper cervical vertebrae.

[0037] Additionally, as depicted in FIGS. 1 and 2, the wing 130 in this embodiment 100 is elliptically-shaped in a cross-section perpendicular to the longitudinal axis 125 of the spacer and distraction guide. As illustrated in the embodiment of FIG. 3, and as discussed in more detail herein, the wing 130 can have alternative shapes in cross-section, such as teardrop, wedge, circular, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. The wing 130 has an anterior portion 133 and a posterior portion 135.

[0038] Further, as also can be seen in FIGS. 1, 2, and 3 and other embodiments to be discussed herein, the spacer 120 is teardrop-shaped in cross-section perpendicular to the spacer's longitudinal axis 125. The spacer 120, like the wing 130, can have alternative shapes such as circular, wedge, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. The shape of the spacer selected for a particular patient should accommodate the wedge-like space between adjacent cervical spinous processes and thus allow the surgeon to position the implant as close as possible anteriorly, near the vertebral bodies.

[0039] It should be appreciated that the shape selected for the spacer 120 should create a smooth, flat and relatively broad contact area between the implant 100 and the spinous processes of the vertebrae that are to be subject to distraction. Increasing the contact surface area between the implant and the spinous processes distributes the force and load between the spinous frame and the implant. Generally, a teardrop or wedge-shaped spacer allows for more load-bearing contact between the spacer and the spinous process.

[0040] It is to be understood also that the implant 100 can have two wings, with a second wing 160 (FIG. 4) separate from the distraction guide 110, spacer 120 and first wing 130. The second wing can be connected to the end of the spacer 120 distal from the first wing 130. It should be noted that the second wing 160, like the first wing 130, can prevent lateral displacement of the implant 100relative to an individual patient's cervical spine anatomy. In FIG. 4, the second wing 160 is teardrop-shaped and wedge-shaped in cross-section. The wider section or end 162 of the teardrop shape is the posterior end of the second wing 160 and the narrower section or end 169 is the anterior end of the second wing 160. Unlike the first wing 130, however, the sides of the second wing 60 define a space 170 with a lip 180 that allows the second wing 160 to pass over ditraction guide 110 to meet and connect with the spacer 120. The second wing 160 is then secured to the spacer 120 toward the end of the spacer located distally from the first wing 140. The second wing 60 is implanted once the distraction guide 110, spacer 120, and first wing 130 are inserted as a unit between the spinous processes of adjacent cervical vertebrae.

[0041] It is to be understood that the implant is preferably made in two pieces. The first piece includes the first wing 130, the spacer 120, and the distraction guide 110. The second piece includes the second wing 160. Each piece can be made in a number of ways known in the art including by machining and molding. Each piece, as will be more fully discussed can be made of any material that is bio-compatible with the body of a patient. For example the implants can be made of stainless steel and titanium. Additionally, a shape memory metal such as Nitinol, which is a combination of titanium and nickel, can also be used. Further polymers such as described later can also be used. It is further to be understood that the implant can be formed with multiple pieces and with the pieces appropriately joined together. Further the implant can be formed as one piece or joined together as one piece and be within the spirit and scope of the invention, but without some of the advantages of the embodiment of the invention as exist with a two piece embodiment as shown in FIGS. 1, 2, 3, and 4.

[0042] A further embodiment 200 of the invention is depicted in FIGS. 5 and 6. In this embodiment 200, the spacer 210 is rotatable about its longitudinal axis 240, FIG. 7 relative to a first wing 130 (FIG. 5), or relative to two wings with respect to an alternative embodiment of the invention (FIG. 6). The spacer may also be rotatable or fixed, relative to the distraction guide 110. The spacer 210 has a bore 220 running the length of its longitudinal axis 240, with holes at both ends of the spacer 210, and a shaft 230inserted through the bore 220 and connecting with the distraction guide 110 and first wing 130. As discussed above, it maybe advantageous to position any of the implants taught herein as close as possible to the vertebral bodies. The rotatable spacer 210 can accommodate the bone structures of the cervical spine as the implant is inserted between the spinous processes as it follows the distraction guide laterally into position. Spacer rotation accommodates the anatomy of the spinous processes relative to the wings of the implant. Thus, the rotatable spacer 210 improves the positioning of the spacer independent of the wings relative to the spinous processes. The embodiment of FIG. 6 has a first wing 130 and if desired, a second wing 160 similar to the wing depicted in the embodiment of FIG. 3. As will be discussed below, the shape of the wings in FIGS. 3 and 6 is such that the implants accommodate the twisting of the cervical spine along its axis as, for example, the head of a patient turning from side to side.

[0043] FIGS. 8, 9A, and 9B show a perspective view (FIG. 8) and an end view (FIG. 9A) of another embodiment 300 of the invention, wherein the posterior portion 135 of the teardrop-shaped first wing 130 is truncated at end 310, making the first wing 130 more ovoid. In this configuration, the anterior portion 133 of the first wing 130 is longer than the truncated posterior end 310 of the first wing 130. The embodiment 300 can also have a rotatable spacer 210. It should be appreciated, as illustrated in FIG. 9B, that the second wing in a two-winged version of this embodiment of the invention 300, would be a truncated second wing 350 with a truncated posterior end 340.

[0044] The purpose of embodiment 300, as with the other embodiments, is to minimize the possibility of interference of implants positioned between the spinous processes of adjacent pairs of cervical vertebrae, e.g., implants between cervical vertebrae five and six, and between six and seven. During rotation of the neck, the spinous process move past each other in a scissor-like motion. Each cervical vertebra can rotate relative to the next adjacent cervical vertebra in the general range of about 6.degree. -12.degree.. It is to be understood that in addition, about 50 percent of the rotational movement of the neck is accomplished by the top two neck vertebrae. Thus, such embodiments can accommodate neck rotation without adjacent embodiments interfering with each other.

[0045] With respect to the prior embodiments which have first and second wings, the second wing 160, FIG. 4 can be designed to be interference-fit onto the spacer 120 or, in the case of a rotatable spacer 210, FIG. 5, a portion of the end of the distraction guide 110 adjacent to the spacer 120. The spacer 120 is associated with the first wing 130. Thus, there is no additional attachment device to fasten the second wing 160 relative to the remainder of the implant. However, as described below and as desired, various fasteners can be used to secure the second wing 160 relative to the remainder of the implant.

[0046] FIGS. 10, 11, and 12 depict an embodiment 400 with a teardrop-shaped second wing 410 that has a bore 420 through a tongue 430 at the posterior end of the second wing 160. The bore on the second wing 420 is brought into alignment with a corresponding bore 440 on the spacer 120 when the second wing 160 is brought into position by surgical insertion relative to the rest of the implant. A threaded screw 450 is inserted through the aligned bores in a posterior-anterior direction to secure the second wing 160 to the spacer 120. The direction of insertion from a posterior to an anterior direction has the screw engaging the bores and the rest of the implant along a direction that is generally perpendicular to the longitudinal axis of the spacer 125 (FIGS. 1 and 3). This orientation is most convenient when the surgeon is required to use screw 450 to secure the second wing 160 to the rest of the implant. Other securing mechanisms using a member inserted into corresponding bores 420, 440 on the spacer 120 and second wing 160 are within the spirit of the invention. It should be understood that a rotatable spacer 210 also can be accommodated by this embodiment. With a rotatable spacer 210, the second wing 160 would be attached to the end of the distraction guide 110 that is located adjacent to 115 the rotatable spacer 210.

[0047] FIGS. 13A, 13B, 14A, and 14B depict a further embodiment 500 wherein the second wing 160 is secured to the spacer 120 by a mechanism including a flexible hinge 515, with a protrusion 530 on the end of the hinge 510 adjacent to the lip 180 of the hole 170 defined by portions of the second wing 160. The securing mechanism also encompasses an indentation 540 on the spacer 120, wherein the indentation accommodates the protrusion 530 on the end of the flexible hinge 515. During surgery, after insertion of the distraction guide 110, spacer 120, and first wing 130, the second wing 160 is received over the distraction guide 110 and the spacer 120. As the second wing 160 is received by the spacer 120, the flexible hinge 515 and its protrusion 530 deflect until the protrusion 530 meets adjoins with the indentation 540 in the spacer 120, securing the second wing 160 to the spacer 120. Again in embodiments where the spacer can rotate, the indentation 540 is located on an end of the distraction guide 110 that is adjacent to 150 the rotatable spacer 210. With respect to the flexible hinge 515, this hinge is in a preferred embodiment formed with the second wing 160 and designed in such a way that it can flex as the hinge 515 is urged over the distraction guide 110 and the spacer 120 and then allow the protrusion 530 to be deposited into the indentation 540. Alternatively, it can be appreciated that the indentation 540 can exist in the second wing 160 and the flexible hinge 515 and the protrusion 530 can exist on the spacer 120 in order to mate the second wing 160 to the spacer 120. Still alternatively, the flexible hinge 515 can be replaced with a flexible protrusion that can be flexed into engagement with the indentation 540 in the embodiment with the indentation 540 in the spacer 120 or in the embodiment with the indentation 540 in the second wing 160.

[0048] FIGS. 15A, 15B, and 16. These figures illustrate an embodiment 600 wherein the first wing 130 and second wing 160 flare out at an angle away from the spacer 120 and away from each other. That is the anterior ends of the first and second wings flare away from each other. The cervical spinous processes are themselves wedge-shaped when seen from a top view. Accordingly, it is advantageous that the implant 600 accommodate this wedge shape so that the implant 600 can be positioned as close as possible to the vertebral bodies of the spine where the load of the spine is carried. Thus the first 130 and the second wings 160 are positioned relative to the spacer, whether the spacer is fixed 120 or rotatable 210, so that the wings flare out as the wings approach the vertebral body of the spine. FIG. 15B depicts a top view of the implant 600 of FIG. 15A. As is evident from FIG. 15B, the first wing 130 is formed at an angle with respect to a line that is perpendicular to the spacer 120. In a preferred embodiment, the angle is about 30.degree., with a preferable range .theta. from about 15.degree. to about 45.degree.. Other angles of the first wing 130 relative to the spacer 120 are contemplated and in accordance with the invention. The second wing 160 is also preferably provided at an angle of about 30.degree. relative to a line that is perpendicular to the spacer with a preferable range .theta. from about 15.degree. to about 45.degree.. In other words, the wings form an obtuse angle with respect to the spacer 120 in this embodiment. The second wing 160 defines an inner hole 170 which is outlined by the lip 180. As is evident, the lip 180 is provided at an angle relative to the rest of the second wing 160 so that when the lip 180 is urged into contact with the spacer 120, the second wing 160 has the desired angle relative to the spacer 120. As discussed above, there are various ways that the second wing 160 is secured to the spacer 120. FIG. 15A depicts a top view of one such implant 600 placed between the spinous processes of adjacent cervical vertebrae. FIG. 16 is a top view illustrating two layers of distracting implants 600 with flared wings.

[0049] FIG. 17 illustrates another embodiment 700 that uses "stops" or "keeps" 710, which are rings of flexible biocompatible material, positioned around the spinous processes of adjacent cervical vertebrae and located posteriorly to the implant. The keeps 710 prevent backward displacement of the implants. The keeps generally include a ring 710 which has a slit 720 that goes completely through the ring. The keeps 710 can be somewhat sprung apart, so that the keep 710 can be fit over the end of the spinous process and then allowed to spring back together in order to hold a position on the spinous process. The keep 710 can act as a block to the spacer 120 in order to prevent the implant from movement in a posterior direction.

[0050] It is to be understood that the implant and/or portions thereof can be fabricated from somewhat flexible and/or deflectable material. In these embodiments, the implant and/or portions thereof is made out of a polymer, more specifically, the polymer is a thermoplastic. Still more specifically, the polymer is a polyketone known as polyetheretherketone (PEEK). Still more specifically, the material is PEEK450G, which is an unfilled PEEK approved for medical implantation available from Victrex of Lancashire, Great Britain. The Victrex website is located at www.matweb.com, or see Boedeker, at www.boedeker.com. Other sources of this material include Gharda located in Panoli, India, at www.ghardapolymers.com. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques. The material specified has appropriate physical and mechanical properties and is suitable for carrying and spreading the physical load between the spinous process. Further in-this embodiment, the PEEK has the following additional approximate properties:

1 Property Value Density 1.3 g/cc Rockwell M 99 Rockwell R 126 Tensile Strength 97 MPa Modulus of Elasticity 3.5 GPa Flexural Modulus 4.1 GPa

[0051] In an another preferred embodiment, the implant is comprised at least, in part of titanium or stainless steel, or other suitable implant material which may be radiopaque and, in part, of a radiolucent material that does not show up under x-ray or other type of imaging. In a preferred embodiment, the first wing 130 and second wing 160 and the shaft 230 are comprised of such a radiopaque material such as titanium and the spacer 120 and the distraction guide 110 are comprised of a radiolucent material such as, for example, PEEK or other radiolucent materials described herein. In an embodiment which includes the first wing 130, with the spacer 120 and the distraction guide 110, under imaging, the implant looks like a "T". In an embodiment which includes both a first and a second wing, the spacer and the tissue expander, under imaging, the implant looks like an "H". This embodiment allows the doctor to have a clearer view of the spine under imaging without the implant interfering as much with the view of the bone structure. Alternatively, the entire implant can be comprised of titanium or stainless steel.

[0052] It should be noted that the material selected may also be filled. For example, other grades of PEEK are also available and contemplated, such as 30% glass-filled or 30% carbon-filled, provided such materials are cleared for use in implantable devices bythe FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to that which is unfilled. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to enhance the compressive strength and stiffness of PEEK and lower its expansion rate. Carbon-filled PEEK offers wear resistance and load carrying capability.

[0053] In this embodiment, as described above, the implant is manufactured from PEEK, available from Victrex. As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. The spacer can also be comprised of polyetherketoneketone (PEKK).

[0054] Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), and polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics.

[0055] Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled "Bio-Compatible Polymeric Materials;" PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled "Bio-Compatible Polymeric Materials;" and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled "Bio-Compatible Polymeric Materials."

[0056] Other materials such as Bionate.RTM., polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.

[0057] A minimally invasive surgical method for implanting the cervical distraction device in the cervical spine is disclosed and taught herein. In this method, FIG. 18, preferably a guide wire 880 is inserted through a placement network 890 into the neck of the implant recipient. The guide wire 880 is used to locate where the implant is to be placed relative to the cervical spine, including the spinous processes. Once the guide wire 880 is positioned with the aid of imaging techniques, an incision is made on the side of the neck about so that the first unit of the embodiment of the invention, which includes the distraction guide 110, the spacer 120, and the first wing 130 can be positioned in the neck thorough an incision and along a line that is about perpendicular to the guide wire 880 and directed at the end of the guide wire. The first unit is so inserted into the neck of the patient. Preferably during insertion, the distraction end pokes through or separates the tissue without severing the tissue. Next, the second wing 160 is inserted along a line that is generally colinear with the line over which the first unit is inserted but from the opposite side of the neck. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to the first unit and the second wing 160. The second wing 160 is mated to the first unit and, in this particular embodiment, the second wing 160 is snapped into engagement with the first unit. In an alternative embodiment, the second wing 160 is attached to-the first unit by the use of a fastener, and in particular by a screw 450. The screw 450 is positioned using a screw driving mechanism that is directed along a posterior to anterior line somewhat parallel to the guide wire 880. This posterior to anterior line aids the physician in viewing and securing the second wing 160 to the first unit.

[0058] It is to be understood that the various features of the various embodiments can be combined with other embodiments of the invention and be within the spirit and scope of the invention. Thus, for example only, the embodiment of FIG. 1 can have truncated wings as depicted in other embodiments.

Industrial Applicability

[0059] The above establishes that the present invention can be used to relieve pain associated with the cervical spine. The present invention is minimally invasive and can be used on an outpatient basis.

[0060] Additional aspects, objects and advantages of the invention can be obtained through a review of the appended claims and figures.

[0061] It is to be understood that other embodiments can be fabricated and come within the spirit and scope of the claims.

[0062] The foregoing description of preferred embodiments of the present invention has been provided for the purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to one of the ordinary skill in the relevant arts. The embodiments were chosen and described in order to best explain the principles of the invention and its partial application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications that are suited to the particular use contemplated. It is intended that the scopes of the invention are defined by the claims and their equivalence.

Claims

What is claimed:

1. A device for relieving pain associated with the vertebrae of the cervical spine and surrounding tissues and structures, by maintaining and/or adding distraction between adjacent cervical vertebrae when positioned between the spinous processes of adjacent cervical vertebrae, without detracting from the rotation of the cervical vertebrae relative to each other, the implant comprising: 1. a wedge-shaped spacer; 2. a wedge-shaped wing; and 3. a wedge-shaped distraction guide.

2. The implant of claim 1 wherein the spacer has smooth, flat surfaces and smooth, rounded edges to create a wedge for varying distraction of adjacent cervical vertebrae.

3. The implant of claim 1 wherein the cross-sectional shape of the wing has smooth, flat surfaces and smooth, rounded edges to create a wedge for varying distraction of adjacent cervical vertebrae.

4. The implant of claim 1 wherein the wing is continuous with the spacer.

5. The implant of claim 1 wherein the distraction guide is continuous with the spacer.

6. The implant of claim 1 wherein the spacer is rotatable.

7. The implant of claim 1 including a second wing.

8. The implant of claim 1 wherein the spacer can rotate relative to the wing and the distraction guide.

9. The implant of claim 1 wherein the first wing is provided at an obtuse angle to the spacer

10. The implant of claim 1 wherein the first wing has a posterior end and an anterior end, and the posterior end does not extend as far beyond the posterior end of the spacer as the anterior end extends anteriorly to the anterior end of the spacer.

11. A device for relieving pain associated with the vertebrae of the cervical spine and surrounding tissues and structures, by maintaining and/or adding distraction between adjacent cervical vertebrae when positioned between the spinous processes of adjacent cervical vertebrae, without detracting from the rotation of the cervical vertebrae relative to each other, the implant comprising: 1. a wedge-shaped distraction guide; 2. a wedge-shaped spacer associated with the wedge-shaped distraction guide, which spacer, when urged between the spinous process of the adjacent cervical vertebrae, allows flexion but not extension of the neck and creates a contact surface with the bone of the spinous processes that increases as the wedge-like spacer moves anteriorly, whereby the implant distributes the distraction forces on the spinous processes over the contact surface; and 3. a wedge-like wing extending from and continuous with one end of the spacer to maintain lateral placement of the spacer.

12. The implant of claim 11 wherein the spacer is rotatable.

13. The implant of claim 11 wherein the spacer is rotatable relative to said wing.

14. The implant of claim 11 wherein the first wing is provided at an obtuse angle to the spacer.

15. The implant of claim 11 wherein the spacer can rotate relative to the wing and the distraction guide.

16. The implant of claim 11 wherein the first wing has a posterior end and an anterior end, and the posterior end does not extend as far beyond the posterior end of the spacer as the anterior end extends anteriorly to the anterior end of the spacer.

17. The implant of claim 11 wherein the cross-sectional shape of the spacer is selected from the group consisting of tear-drop, wedge, ellipse, and oval.

18. An implant for relieving pain associated with adjacent cervical vertebrae of the spine, that have a range of rotation relative to each other in a scissor-like motion, which implant is positionable between the spinous processes of adjacent cervical vertebrae, the implant comprising: 1. a wedge-shaped spacer; 2. a wedge-shaped first wing connected with the spacer; 3. a wedge-shaped distraction guide, the distraction guide extending from the spacer at the end distal to the first wing; and 4. a wedge-shaped second wing that connects with the spacer.

19. The implant in claim 18 wherein the spacer has a cross-sectional shape selected from the group consisting of tear-drop, wedge, ellipse, and oval.

20. The implant of claim 18 wherein the first wing has a posterior end and an anterior end, and the posterior end does not extend as far beyond the posterior end of the spacer as the anterior end extends anteriorly to the anterior end of the spacer.

21. The implant of claim 18 wherein the spacer is rotatable.

22. The implant of claim 18 wherein the second wing has a tongue extending therefrom for use in securing the second wing to the spacer.

23. The implant of claim 22 wherein portions of the tongue extending from the second wing define a bore; wherein the spacer has a bore compatible with the bore through the tongue; and a fastener compatible with the bore of the spacer and the bore through the tongue and that can secure the second wing to the spacer.

24. The implant in claim 23 wherein the second wing has an anterior side and a posterior side.

25. The implant in claim 18 wherein the posterior side of the first wing and the posterior side of the second wing extend no further than the posterior side of the spacer in a posterior direction.

26. The implant in claim 13 wherein the first wing and the second wing have an anterior side and a posterior side, and the anterior side of the first wing and of the second wing are angled outward relative to each other to accommodate the anatomy of the adjacent spinous processes of the cervical spine.

27. The implant of claim 18 wherein the spacer has an indentation and the second wing includes an exterior that can made with the indentation.

28. The implant of claim 18 wherein said second wing has an indentation and the spacer has an extension that can mate with the indentation of the second wing.

29. The implant of claim 18 wherein a hole of the second wing allows the second wing to be received over the distraction guide to connect with the spacer toward the end of the spacer adjacent to the distraction guide.

30. The implant of claim 18 wherein the hinge has a protrusion at an end of the hinge furthest from the lip.

31. The implant of claim 18 including a member for securing the second wing to the spacer when the second wing is received over the distraction guide onto the spacer and adjacent to the distraction guide.

32. A device for relieving pain associated with the vertebrae of the cervical spine and surrounding tissues and structures, by maintaining and/or adding distraction between adjacent cervical vertebrae when positioned between the spinous processes of adjacent cervical vertebrae, without detracting from the rotation of the cervical vertebrae relative to each other, the implant comprising: 1. a wedge-shaped spacer; 2. a bore in the spacer; 3. a wedge-shaped first wing attached at one end of a longitudinal axis of the spacer; 4. a wedge-shaped distraction guide at the end of the longitudinal axis of the spacer distal to the first wing; 5. a wedge-shaped second wing that is separate from the spacer, distraction guide, and first wing, and is received over the distraction guide and attached to the spacer during surgery after the distraction guide, spacer, and first wing are positioned; 6. a tongue extending from the second wing; 7. a bore through the tongue of the second wing; and 8. a fastener to join and hold the second wing to the spacer once the second wing is received over the distraction guide and the bore of the tongue of the second wing and the bore of the spacer are aligned.

33. The implant of claim 32 wherein the spacer is rotatably connected with the first wing, the second wing, and the distraction guide.

34. An implant for relieving pain associated with the vertebrae of the cervical spine and surrounding tissues and structures, by maintaining and/or adding distraction between adjacent cervical vertebrae when positioned between the spinous processes of adjacent cervical vertebrae, without detracting from rotation of the cervical vertebrae relative to each other, the implant comprising: 1. a wedge-shaped spacer; 2. a wedge-shaped first wing extending from one end of the longitudinal axis of the spacer; 3. a wedge-shaped distraction guide extending from the end of the longitudinal axis of the spacer distal to the first wing; 4. a wedge-shaped second wing separate from the spacer, distraction guide, and first wing that is attached to the spacer at the end of the longitudinal axis of the spacer distal to the first wing during surgery, after positioning the distraction guide, spacer and first wing; and 5. a system to secure the second wing to the spacer.

35. An implant for relieving pain associated with the vertebrae of the cervical spine and surrounding tissues and structures, by maintaining and/or adding distraction between adjacent cervical vertebrae when positioned between the spinous processes of adjacent cervical vertebrae, without detracting from rotation of the cervical vertebrae relative to each other, the implant comprising: 1. a wedge-shaped spacer with a longitudinal axis, which spacer maintains and/or adds distraction when positioned between the spinous processes of adjacent cervical vertebrae; 2. a wedge-shaped distraction guide at one end of the longitudinal axis of the spacer to introduce distraction between the spinous processes of adjacent cervical vertebrae prior to insertion and positioning of the spacer; 3. a wedge-shaped first wing at the end of the longitudinal axis distal to the distraction guide to maintain lateral positioning of the implant; and 4. a keep ring placed around the spinous processes in the way of backward displacement of the implant.

36. A method for implanting an implant between the spinous processes of cervical vertebrae comprising the steps of : inserting a first portion of the implant including a spacer and a distraction end laterally; inserting a second portion of the implant including a wing laterally from an opposite direction from the insertion of the first portion; and fastening the second portion to the first portion.

37. The method of claim 36 wherein the fastening step includes interference-fitting the second portion onto the first portion.

38. The method of claim 36 wherein the fastening step includes applying a fastener to the second and the first portion along a posterior to anterior direction.

39. The method of claim 36 wherein the fastening step includes causing a protrusion of one of the first portion and the second portion to mate with an indentation of the other of the first portion and the second portion.

40. The method of claim 36 including implanting the implant without severing the ligamentum nuchae.

41. The method of claim 36 including implanting the implant without altering the spinous processes.

42. A device that can relieve pain associated with the spine and the tissues surrounding the spine comprising: a first wing; a spacer; a distraction guide; wherein said spacer is elongated in cross-section and said first wing is elongated in cross-section in the same direction that said spacer is elongated; and said distraction guide extends from said spacer.

43. The device of claim 42 wherein said first wing and said spacer are wedge-shaped in cross-section.

44. The device of claim 42 wherein said first wing and said spacer are wedge-shaped in cross-section with the wedge shape of the first wing points in about the same direction as the wedge shape of the spacer.

45. The device of claim 43 including a second wing that is wedge-shaped.

46. The device of claim 42 including a second wing having an aperture that is shaped to be received over the distraction guide.

47. The device of claim 42 wherein said distraction guide extends from the spacer and the second wing has an aperture that is shaped to be received over the distraction guide and engaged with the spacer.

48. The device of claim 42 wherein said first wing is elliptical in shape and the spacer is wedge-shaped.

49. The device of claim 48 wherein said second wing is elliptical in shape.

50. The device of claim 42 wherein said spacer is rotatable.

51. The device of claim 42 wherein said spacer is rotatably mounted relative to the first wing and the distraction guide.

52. The device of claim 42 wherein said first wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end ends with the spacer.

53. The device of claim 42 wherein said first wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end does not extend past the spacer.

54. The device of claim 42 wherein said first wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end is truncated.

55. The device of clam 52 including a second wing and the second wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end ends with the spacer.

56. The device of claim 53 including a second wing and the second wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end does not extend past the spacer.

57. The device of claim 54 including a second wing and the second wing has an anterior end and a posterior end and the anterior end extends past the spacer and the posterior end is truncated.

58. The device of claim 42 including a second wing, and wherein said first and second wings diverge from each other.

59. The device of claim 42 including a second wing, and wherein said first and second wings are positioned at obtuse angles to the spacer.

60. The device of claim 42 including a second wing and wherein said first and second wings have anterior ends that are directed toward an anterior of a patient and wherein said anterior ends diverge from each other.

61. The device of claim 42 including a keep that is adapted for being secured to a spinous process in order to block motion of the spacer in a posterior direction.

62. The method of claim 36 including implanting the implant without severing the suprsspinous ligament.

63. The device of claim 42 wherein the first wing is selected from the group consisting of wedge-shaped, elliptical-shaped, tear drop and ovoid-shaped.

64. The device of claim 42 including a second wing that can fit over the distraction guide, which is selected from the group consisting of wedge-shaped, elliptical-shaped, tear-drop shaped and ovoid shaped.

65. The device of claim 42 wherein said spacer is selected from the group consisting of any wedge-shaped, elliptical-shaped, tear drop shaped and ovoid shaped.